Choosing the Right Divorce Process: Collaborative, Mediation, or Litigation?

Divorce is not one-size-fits-all. As Collaborative Attorney Mary Molinaro explains in her video, the process you choose depends on your specific needs, circumstances, and goals. Whether you're facing a communication breakdown, financial imbalance, or just need more support along the way, understanding the pros and cons of each model can help you make the best decision for your future.

Collaborative Divorce offers a structured, team-oriented process that emphasizes respect, communication, and long-term solutions. In the Collaborative model, each spouse has their own attorney and is supported by other trained professionals, such as mental health coaches, child specialists, or financial neutrals. It’s a comprehensive approach designed to meet both emotional and practical needs.

However, as Mary notes, Collaborative Divorce can be more expensive than mediation due to the involvement of multiple professionals. However, for many, the added support and structure are well worth the investment, especially in high-conflict or complex situations.

Mediation is often seen as a more cost-effective route. A single neutral mediator facilitates discussions and helps the couple reach an agreement. But unlike in Collaborative Divorce, the mediator doesn’t represent either party and cannot give legal advice.

Mediation works well when both spouses are informed, communicative, and on relatively equal footing. However, when there’s a power imbalance, financial, emotional, or otherwise, mediation may not be the most appropriate model. Without advocacy or individualized support, one spouse may feel unheard or disadvantaged.

Litigation is often viewed as the least desirable option, and for good reason. When couples go to court, they give up control over the outcome. A judge, who knows relatively little about your family, will make binding decisions about custody, property division, and support.

Litigation is typically more adversarial and costly, both emotionally and financially. Yet for some, such as those in highly contentious relationships or situations involving domestic abuse, it may be the only viable route.

As Mary Molinaro wisely says, “Which model you choose depends on each client and what their particular needs are.” There is no single "right" path for every couple. The key is to understand your options and choose a process that aligns with your values, priorities, and circumstances.

At the end of the day, divorce is a transition. How you navigate it can shape the next chapter of your life. Whether you seek support, neutrality, or assertive advocacy, there’s a model that fits and professionals like Mary Molinaro are here to guide you toward the healthiest possible outcome.

Ready to learn more or explore your options?

Contact Mary Molinaro today for a confidential consultation and discover how a supportive, informed approach can make all the difference in your divorce journey.